Malik related to me from Abdullah ibn Abi Bakr ibn Hazm that his father told him that he was sitting with Aban ibn Uthman, and an argument was brought to him between some people from the Juhayna tribe and some people from the Banu al-Harith ibn al-Khazraj. A woman of the Juhayna tribe was married to a man from the Banu al-Harith ibn al- Khazraj, called Ibrahim ibn Kulayb. She died and left property and mawali, and her son and husband inherited them from her. Then her son died and his heirs said, "We have the wala' of the mawali. Her son obtained them." Those of the Juhayna said, "It is not like that. They are the mawali of our female associate. When her child died, we have their wala' and we inherit them." Aban ibn Uthman gave a judgement that the people from the Juhayna tribe did indeed have the wala' of the mawali.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar and Ibn Shihab all said that a woman who divorced for a compensation had the same idda as a divorced woman - three periods.

Malik said that a woman who ransomed herself could not return to her husband except by a new marriage. If someone married her and then separated from her before he had intercourse with her, there was no idda against her from the recent marriage, and she rested on her first idda.

Malik said, "That is the best that I have heard on the matter."

Malik said, "If, when a woman offers to compensate her husband, he divorces her straightaway, then that compensation is confirmed for him. If he makes no response, and then at a later date, does divorce her, he is not entitled to that compensation."

My foster uncle came and asked permission (to enter) but I refused to admit him till I asked Allah's Apostle about that. He said, "He is your uncle, so allow him to come in." I said, "O Allah's Apostle! I have been suckled by a woman and not by a man." Allah's Apostle said, "He is your uncle, so let him enter upon you." And that happened after the order of Al-Hijab (compulsory veiling) was revealed. All things which become unlawful because of blood relations are unlawful because of the corresponding foster suckling relations.

The Quraish people became very worried about the Makhzumiya lady who had committed theft. They said, "Nobody can speak (in favor of the lady) to Allah's Apostle and nobody dares do that except Usama who is the favorite of Allah's Apostle. " When Usama spoke to Allah's Apostle about that matter, Allah's Apostle said, "Do you intercede (with me) to violate one of the legal punishment of Allah?" Then he got up and addressed the people, saying, "O people! The nations before you went astray because if a noble person committed theft, they used to leave him, but if a weak person among them committed theft, they used to inflict the legal punishment on him. By Allah, if Fatima, the daughter of Muhammad committed theft, Muhammad will cut off her hand.!"

Ibn `Abbas said to me, "Shall I show you a woman of the people of Paradise?" I said, "Yes." He said, "This black lady came to the Prophet and said, 'I get attacks of epilepsy and my body becomes uncovered; please invoke Allah for me.' The Prophet said (to her), 'If you wish, be patient and you will have (enter) Paradise; and if you wish, I will invoke Allah to cure you.' She said, 'I will remain patient,' and added, 'but I become uncovered, so please invoke Allah for me that I may not become uncovered.' So he invoked Allah for her."

Narrated 'Ata:

That he had seen Um Zafar, the tall black lady, at (holding) the curtain of the Ka`ba.

That the Prophet (saws) said: "Indeed each of you is a shepherd and all of you will be questioned regarding your flock. The commander who is in authority over the Muslims is responsible and he will be questioned regarding his responsibility. The man is responsible over the inhabitants of his house and he is the one who will be questioned about them. The wife is responsible in her husband's house and she will be questioned about it. The slave is responsible regarding his master's property, and he will be questioned about it. Indeed each of you is a shepherd and each of you will be questioned about his flock."

[Abu 'Eisa said:] There are narrations on this topic from Abu Hurairah, Anas, and Abu Musa. The Hadith of Abu Musa is not preserved, and the Hadith of Anas is not preserved. And the Hadith of Ibn 'Umar is Hasan Sahih Hadith.

That he heard Allah's Apostle saying, "While a lady was nursing her child, a rider passed by and she said, 'O Allah! Don't let my child die till he becomes like this (rider).' The child said, 'O Allah! Don't make me like him,' and then returned to her breast (sucking it). (After a while) they passed by a lady who was being pulled and teased (by the people). The child's mother said, 'O Allah! Do not make my child like her.' The child said, 'O Allah! Make me like her.' Then he said, 'As for the rider, he is an infidel, while the lady is accused of illegal sexual intercourse (falsely) and she says: Allah is sufficient for me (He knows the truth).

Muhammad b. Hatim said: The name of Al-Azdiyyah is Mussah and her patronymic name is Umm Busrah.

Abu Dawud said: The patronymic names of Kathir b. Ziyad s Abu Sahl.

When the children of a woman (in pre-Islamic days) did not survive, she took a vow on herself that if her child survives, she would convert it a Jew. When Banu an-Nadir were expelled (from Arabia), there were some children of the Ansar (Helpers) among them. They said: We shall not leave our children. So Allah the Exalted revealed; "Let there be no compulsion in religion. Truth stands out clear from error."

Abu Dawud said: Muqlat means a woman whose children do not survive.

Yahya related to me from Malik thal Yahya ibn Said heard al-Qasim ibn Muhammad and Sulayman ibn Yasar both mention that Yahya ibn Said ibn al-As divorced the daughter of Abd ar-Rahman ibn al-Hakam irrevocably, so Abd ar-Rahman ibn al-Hakam took her away A'isha umm al-muminin sent to Marwan ibn al-Hakam who was the Amir of al-Madina at that time. She said, "Fear Allah and make him return the woman to her house." Marwan said in what Sulayman related, ''Abd ar-Rahman has the upper hand over me." Marwan said in what al-Qasim related, "Hasn't the affair of Fatima bint Qays reached you?" A'isha said, "You are forced to mention the story of Fatima " Marwan said, "If you know that evil, whatever evil there was between those two is enough for you." (See hadith 67.)

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Abdullah ibn Abbas and Abu Salama ibn Abd ar-Rahman ibn Awf differed on the question of a wornan who gave birth a few nights after the death of her husband. Abu Salama said, "When she gives birth to the child she is carrying, she is free to marry." Ibn Abbas said, "At the end of two periods." Abu Hurayra came and said, "I am with my nephew", meaning Abu Salama. They sent Kurayb, a mawla of Abdullah ibn Abbas to Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, to ask her about it. He came back and told them that she had said that Subaya al-Aslamiya had given birth a few nights after the death of her husband, and she had brought the matter to the Messenger of Allah, may Allah bless him and grant him peace, and he had said, "You are free to marry, so marry whomever you wish."

Malik said, "This is how the people of knowledge here continue to act."

29.31 Widows Remaining in Their Houses until Free to Marry

Malik related to me from Yahya ibn Said from Sulayman ibn Yasar that Umar ibn al-Khattab used to attach the children of the Jahiliyya to whoever claimed them in Islam. Two men came and each of them claimed a woman's child. Umar ibn al-Khattab summoned a person who scrutinized features and he looked at them. The scrutinizer said, "They both share in him." Umar ibn al-Khattab hit him with a whip. Then he summoned the woman, and said, "Tell me your tale." She said, "It was this one (indicating one of the two men) who used to come to me while I was with my people's camels. He did not leave me until he thought and I thought that I was pregnant. Then he left me, and blood flowed from me, and this other one took his place. I do not know from which of them the child is." The scrutinizer said, "Allah is greater." Umar said to the child, "Go to whichever of them you wish."

`Umar bin Al-Khattab asked (the people) about the Imlas of a woman, i.e., a woman who has an abortion because of having been beaten on her `Abdomen, saying, "Who among you has heard anything about it from the Prophet?" I said, "I did.'' He said, "What is that?" I said, "I heard the Prophet saying, "Its Diya (blood money) is either a male or a female slave.' " `Umar said, "Do not leave till you present witness in support of your statement." So I went out, and found Muhammad bin Maslama. I brought him, and he bore witness with me that he had heard the Prophet saying, "Its Diya (blood money) is either a male slave or a female slave."

Yahya related to me from Malik from Nafi that the slave girls of Abdullah ibn Umar used to wash his feet and bring him a mat of palm leaves while they were menstruating.

Malik was asked whether a man who had women and slavegirlscould have intercourse with all of them before he did ghusl. He said, "There is no harm in a man having intercourse with two of his slave girls before he does ghusl. It is disapproved of, however, to go to a freewoman on another's day. There is no harm in making love first to one slave girl and then to another when one is junub."

Malik was asked about a man who was junub and water was put down for him to do ghusl with.Then he forgot and put his finger into it to find out whether it was hot or cold. Malik said, "If no filth has soiled his fingers, I do not consider that that makes the water impure."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab had said that Umar ibn al-Khattab said, "If a man marries a woman who is insane, or has leprosy or white leprosy, without being told of her condition by her guardian, and he has sexual relations with her, she keeps her bride-price in its entirety. Her husband has damages against her guardian."

Malik said, "The husband has damages against her guardian when the guardian is her father, brother, or one who is deemed to have knowledge of her condition. If the guardian who gives her in marriage is a nephew, a mawla or a member of her tribe who is not deemed to have knowledge of her condition, there are no damages against him, and the woman returns what she has taken of her bride-price, and the husband leaves her whatever amount is thought to be fair."

AbdurRahman ibn Hasanah reported: I and Amr ibn al-'As went to the Prophet (saws). He came out with a leather shield (in his hand). He covered himself with it and urinated. Then we said: Look at him. He is urinating as a woman does. The Prophet (saws), heard this and said: Do you not know what befell a person from amongst Banu Isra'il (the children of Israel)? When urine fell on them, they would cut off the place where the urine fell; but he (that person) forbade them (to do so), and was punished in his grave.

Abu Dawud said: One version of Abu Musa has the wording: "he cut off his skin".

Another version of Abu Musa goes: "he cut off (part of) his body."

I heard Allah's Apostle saying, "Everyone of you is a guardian, and responsible for what is in his custody. The ruler is a guardian of his subjects and responsible for them; a husband is a guardian of his family and is responsible for it; a lady is a guardian of her husband's house and is responsible for it, and a servant is a guardian of his master's property and is responsible for it." I heard that from Allah's Apostle and I think that the Prophet also said, "A man is a guardian of is father's property and is responsible for it, so all of you are guardians and responsible for your wards and things under your care."

That he heard Allah's Apostle saying, "Everyone of you is a guardian and is responsible for his charge; the ruler is a guardian and is responsible for his subjects; the man is a guardian in his family and responsible for his charges; a woman is a guardian of her husband's house and responsible for her charges; and the servant is a guardian of his master's property and is responsible for his charge." I definitely heard the above from the Prophet and think that the Prophet also said, "A man is a guardian of his father's property and responsible for his charges; so everyone of you is a guardian and responsible for his charges."

We were in the company of the Prophet while returning from 'Usfan, and Allah's Apostle was riding his she-camel keeping Safiya bint Huyay riding behind him. His she-camel slipped and both of them fell down. Abu Talha jumped from his camel and said, "O Allah's Apostle! May Allah sacrifice me for you." The Prophet said, "Take care of the lady." So, Abu Talha covered his face with a garment and went to Safiya and covered her with it, and then he set right the condition of their shecamel so that both of them rode, and we were encircling Allah's Apostle like a cover. When we approached Medina, the Prophet said, "We are returning with repentance and worshipping and praising our Lord." He kept on saying this till he entered Medina.

The people of Quraish worried about the lady from Bani Makhzum who had committed theft. They asked, "Who will intercede for her with Allah's Apostle?" Some said, "No one dare to do so except Usama bin Zaid the beloved one to Allah's Apostle ." When Usama spoke about that to Allah's Apostle Allah's Apostle said, (to him), "Do you try to intercede for somebody in a case connected with Allah's Prescribed Punishments?" Then he got up and delivered a sermon saying, "What destroyed the nations preceding you, was that if a noble amongst them stole, they would forgive him, and if a poor person amongst them stole, they would inflict Allah's Legal punishment on him. By Allah, if Fatima, the daughter of Muhammad stole, I would cut off her hand."

Abu Dawud said: This tradition has been transmitted by Malik b. Anas, Bakr b. Mudar, Hafs b. Ghiyaht, Isma'il b. Ja'far, Ibn Abu Dhi'b, and Ibn Ishaq from Muhammad b. Zaid on the authority of his mother who narrated from Umm Salamah. None of these narrators mention the name of the Prophet (saws). They reported it directly from Umm Salamah.

When there was said about me what was said which I myself was unaware of, Allah's Apostle got up and addressed the people. He recited Tashah-hud, and after glorifying and praising Allah as He deserved, he said, "To proceed: O people Give me your opinion regarding those people who made a forged story against my wife. By Allah, I do not know anything bad about her. By Allah, they accused her of being with a man about whom I have never known anything bad, and he never entered my house unless I was present there, and whenever I went on a journey, he went with me." Sa`d bin Mu`adh got up and said, "O Allah's Apostle Allow me to chop their heads off". Then a man from the Al-Khazraj (Sa`d bin 'Ubada) to whom the mother of (the poet) Hassan bin Thabit was a relative, got up and said (to Sa`d bin Mu`adh), "You have told a lie! By Allah, if those persons were from the Aus Tribe, you would not like to chop their heads off." It was probable that some evil would take place between the Aus and the Khazraj in the mosque, and I was unaware of all that. In the evening of that day, I went out for some of my needs (i.e. to relieve myself), and Um Mistah was accompanying me. On our return, Um Mistah stumbled and said, "Let Mistah. be ruined" I said to her, "O mother Why do you abuse your Son" On that Um Mistah became silent for a while, and stumbling again, she said, "Let Mistah be ruined" I said to her, "Why do you abuse your son?" She stumbled for the third time and said, "Let Mistah be ruined" whereupon I rebuked her for that. She said, "By Allah, I do not abuse him except because of you." I asked her, "Concerning what of my affairs?" So she disclosed the whole story to me. I said, "Has this really happened?" She replied, "Yes, by Allah." I returned to my house, astonished (and distressed) that I did not know for what purpose I had gone out. Then I became sick (fever) and said to Allah's Apostle "Send me to my father's house." So he sent a slave with me, and when I entered the house, I found Um Rum-an (my mother) downstairs while (my father) Abu Bakr was reciting something upstairs. My mother asked, "What has brought you, O (my) daughter?" I informed her and mentioned to her the whole story, but she did not feel it as I did. She said, "O my daughter! Take it easy, for there is never a charming lady loved by her husband who has other wives but that they feel jealous of her and speak badly of her." But ...

When this verse was revealed: "And those who hoard gold and silver," the Muslims were grieved about it. Umar said: I shall dispel your care. He, therefore, went and said: Prophet of Allah, your Companions were grieved by this verse. The Messenger of Allah (saws) said: Allah has made zakat obligatory simply to purify your remaining property, and He made inheritances obligatory that they might come to those who survive you. Umar then said: Allah is most great. He then said to him: Let me inform you about the best a man hoards; it is a virtuous woman who pleases him when he looks at her, obeys him when he gives her a command, and guards his interests when he is away from her.

Yahya related to me from Malik from Abdu Rabbih ibn Said ibn Qays that Abu Salama ibn Abd ar-Rahman said that Abdullah ibn Abbas and Abu Hurayra were asked when a pregnant woman whose husband had died could remarry. Ibn Abbas said, "At the end of two periods." Abu Hurayra said, "When she gives birth, she is free to marry." Abu Salama ibn Abd ar-Rahman visited Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, and asked her about it Umm Salama said, ''Subaya al-Aslamiya gave birth half a month after the death of her husband, and two men asked to marry her. One was young and the other was old. She preferred the young man and so the older man said, 'You are not free to marry yet.' Her family were away and he hoped that when her family came, they would give her to him. She went to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'You are free to marry, so marry whomever you wish.' "

Malik related to me from Nafi that Abdullah ibn Umar said, "The Jews came to the Messenger of Allah, may Allah bless him and grant him peace, and mentioned to him that a man and woman from among them had committed adultery. The Messenger of Allah, may Allah bless him and grant him peace, asked them, 'What do you find in the Torah about stoning?' They said, 'We make their wrong action known and flog them.' Abdullah ibn Salam said, 'You have lied! It has stoning for it, so bring the Torah.' They spread it out and one of them placed his hand over the ayat of stoning. Then he read what was before it and what was after it. Abdullah ibn Salam told him to lift his hand. He lifted his hand and there was the ayat of stoning. They said, 'He has spoken the truth, Muhammad. The ayat of stoning is in it.' So the Messenger of Allah, may Allah bless him and grant him peace, gave the order and they were stoned . "

Abdullah ibn Umar added, "I saw the man leaning over the woman to protect her from the stones."

Malik commented, "By leaning he meant throwing himself over her so that the stones fell on him."

Yahya related to me from Malik from Umar ibn Husayn, the mawla of A'isha bint Qudama, that Abd al-Malik ibn Marwan imposed retaliation against a man who killed a mawla with a stick and so the mawla's patron killed the man with a stick.

Malik said, "The generally agreed on way of doing things in our community about which there is no dispute is that when a man strikes another man with a stick or hits him with a rock or intentionally strikes him causing his death, that is an intentional injury and there is retaliation for it."

Malik said, "Intentional murder with us is that a man intentionally goes to a man and strikes him until his life goes. Part of intentional injury also is that a man strikes a man in a quarrel between them. He leaves him while he is alive, and he bleeds to death and so dies. There is retaliation for that."

Malik said, "What is done in our community is that a group of free men are killed for the intentional murder of one free man, and a group of women for one woman, and a group of slaves for one slave."

The jews came to Allah's Apostle and mentioned to him that a man and a lady among them had committed illegal sexual intercourse. Allah's Apostle said to them, "What do you find in the Torah regarding the Rajam?" They replied, "We only disgrace and flog them with stripes." `Abdullah bin Salam said to them, 'You have told a lie the penalty of Rajam is in the Torah.' They brought the Torah and opened it. One of them put his hand over the verse of the Rajam and read what was before and after it. `Abdullah bin Salam said to him, "Lift up your hand." Where he lifted it there appeared the verse of the Rajam. So they said, "O Muhammad! He has said the truth, the verse of the Rajam is in it (Torah)." Then Allah's Apostle ordered that the two persons (guilty of illegal sexual intercourse) be stoned to death, and so they were stoned, and I saw the man bending over the woman so as to protect her from the stones.

Once Allah's Apostle went out to the Musalla (to offer the prayer) of `Id-al-Adha or Al-Fitr prayer. Then he passed by the women and said, "O women! Give alms, as I have seen that the majority of the dwellers of Hell-fire were you (women)." They asked, "Why is it so, O Allah's Apostle ?" He replied, "You curse frequently and are ungrateful to your husbands. I have not seen anyone more deficient in intelligence and religion than you. A cautious sensible man could be led astray by some of you." The women asked, "O Allah's Apostle! What is deficient in our intelligence and religion?" He said, "Is not the evidence of two women equal to the witness of one man?" They replied in the affirmative. He said, "This is the deficiency in her intelligence. Isn't it true that a woman can neither pray nor fast during her menses?" The women replied in the affirmative. He said, "This is the deficiency in her religion."

The Jews came to Allah's Apostle and told him that a man and a woman from amongst them had committed illegal sexual intercourse. Allah's Apostle said to them, "What do you find in the Torah (revelation given to Musa (as)) about the legal punishment of Ar-Rajm (stoning)?" They replied, (But) we announce their crime and lash them." `Abdullah bin Salam said, "You are telling a lie; Torah contains the order of Rajm." They brought and opened the Torah and one of them solaced his hand on the Verse of Rajm and read the verses preceding and following it. `Abdullah bin Salam said to him, "Lift your hand." When he lifted his hand, the Verse of Rajm was written there. They said, "Muhammad has told the truth; the Torah has the Verse of Rajm. The Prophet then gave the order that both of them should be stoned to death. (`Abdullah bin `Umar said, "I saw the man leaning over the woman to shelter her from the stones."

Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."

Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)

Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."

Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."

Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."

Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."

Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."

Malik ...

Make it wide on the side of his feet, and make it wide on the side of his head. When he came back, he was received by a man who conveyed an invitation from a woman. So he came (to her), to it food was brought, and he put his hand (i.e. took a morsel in his hand); the people did the same and they ate. Our fathers noticed that the Messenger of Allah (saws) was moving a morsel around his mouth.

He then said: I find the flesh of a sheep which has been taken without its owner's permission.

The woman sent a message to say: Messenger of Allah, I sent (someone) to an-Naqi' to have a sheep bought for me, but there was none; so I sent (a message) to my neighbour who had bought a sheep, asking him to send it to me for the price (he had paid), but he could not be found. I, therefore, sent (a message) to his wife and she sent it to me.

The Messenger of Allah (saws) said: Give this food to the prisoners.